EX-99.4 5 a08-22323_1ex99d4.htm EX-99.4

EXHIBIT 99.4

 

Other Information

 

Item 1.  Legal Proceedings

 

The Company is involved in various suits and claims in the normal course of business all of which constitute ordinary, routine litigation incidental to the business.

 

Item 1A. Risk Factors

 

There were no material changes from risk factors previously disclosed in the Company’s Form 20-F filed on Apri1 24, 2008.

 

Item 2.  Unregistered Sales of Equity Securities and Use of Proceeds

 

None.

 

Item 3.  Defaults Upon Senior Securities

 

As described in greater detail in Exhibits 99.1 and 99.2, the Company is currently not in compliance with the financial covenants contained in the Senior Secured Credit Facilities (“Credit Agreement”) with a principal amount of $1,139,750 and a revolving credit facility with a principal amount outstanding of $336,000, both as of June 30, 2008.  This non-compliance constitutes an Event of Default as defined in the Credit Agreement.  The covenant violations provide the lenders the right to demand repayment of the full amount of the term loan and revolving credit facility.  As of the date of issuance of these financial statements the lenders have not demanded repayment.  Should the lenders under the Credit Agreement demand full repayment, the holders of the Company’s Senior Subordinated Notes due 2015 would then also be entitled to demand full repayment. The Notes have a principal amount of $769,856 as of June 30, 2008.

 

Item 4.  Submission of Matters to a Vote of Security Holders

 

None.

 

Item 5.  Other Information

 

None.

 

Item 6.  Exhibits

 

None.